Philadelphia Injury Attorney Blog

As an experienced Philadelphia car accident attorney and technology “freak”, I just had the occasion to meet with auto safety experts and attend a conference where topics such as the future of automobile accident protection were discussed.

What was most evident is that future generations of cars in the not too distant future will be “smarter” with the implementation of technologies that are now readily available to predict and avoid collisions and lane departures, including, but not limited to, adaptive cruise controls, and autonomous emergency braking.

While many of these technologies are currently available and offered as an option, a natural progression of automobile safety has evolved from seat belts, advance of smarter airbags, and high strength steel construction to the smarter electronic gadgetry.

Continue reading "Vehicle Accident Avoidance Systems and Pedestrian Detection Systems of the Future Will Hopefully Prevent Catastrophic Crashes" »

As an experienced automobile defect and car accident attorney for over three decades, I recognize one thing, cars should be designed safely for everyone whether they are adults or children. Unfortunately, when it comes to safety many of the large automobile manufacturers have sacrificed the interests of both children and those individuals that are above or below average sized individuals.

Each year, thousands of children are seriously injured and killed due to poor seat belt fit or improper restraint systems in the vehicle.

Many times child and infant car seats are improperly designed or have manufacturing defects presenting hidden dangers. Children between the ages of 4 and 8 under 80 lbs. are typically less than 48 inches tall and are exposed to a higher risk of catastrophic injury or wrongful death than an adult because adult safety seat belts are designed to protect adults and not children. When a seat belt fails to protect or fit an individual correctly, there is an excellent chance that in a catastrophic accident restrained individuals will sustain a submersion injury, rollover injury, or positioning injury leading to catastrophic injuries such as quadriplegia, paraplegia, or death.

The Pennsylvania automobile defect and product liability lawyers of Reiff and Bily understand that prevention of injuries must always be priority number one rather than profits for automobile manufacturers. Seat belt restraint systems are design issues and defectively designed or manufactured seat belts and seat belt buckles that lead to potential failures, unlatch, false latch, inadvertent latch, and retractor failures create a catastrophically dangerous situation that many people do not learn of until it is just too late.

The National Highway Safety Administration is charged with writing and enforcing safety, theft resistance, and fuel economy guidelines for motor vehicles. However, as an experienced Pennsylvania automobile product liability attorney who has handled a substantial number of catastrophic car accident cases, I am well aware that these are only minimal standards and guidelines.

Federal Motor Vehicle Safety Standards, (FMVSS), are regulations written in terms of the minimum safety performance requirements for motor vehicles, motor vehicle items, and motor vehicle equipment. Many of the big auto makers take pride in announcing that their vehicles meet these “minimal" standards, however, a safely designed car should exceed these standards, especially if there is a safer design alternative.

In 1980, NHTSA recognized the need for safer interiors of vehicles and identified improvements to padding and cushioning in the event of an accident. In 1989, the application of one inch of padding was required to interior surfaces which was indicated to reduce head trauma by half as much. The Department of Transportation estimated the cost of padding all roof, rails, and areas likely to have an impact was approximately $33 per car.

Safety is not one thing, it’s everything. Understanding that NHTSA or FMVSS government standards are only minimal guidelines and applying conventional wisdom that cars and motor vehicles should be safe makes it intolerable and unacceptable when automobile manufacturers cut corners and emphasize safety over profits. While automobile manufacturers always speak about compliance with federal standards, standard testing typically does not call for all types of situations or applications.

Keeping this in mind, if you or a loved one has been involved in a serious motor vehicle accident, you may want to contact an experienced car accident and automotive product liability attorney to fully evaluate your claim and search the road less traveled for answers and proper compensation. The experienced Pennsylvania car accident and automotive product liability lawyers of Reiff and Bily always offer a free, no obligation consultation. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

For over three decades, I have been practicing catastrophic injury and wrongful death law and all too often a catastrophic injury or wrongful death is caused by a clear violation of laws that have minimal if any enforcement guidelines and “teeth".
Recently the Concordia cruise ship disaster illustrated just how many deaths and catastrophic injuries could be caused in an industry guided by rules that were spottily enforced. Every time an accident happens whether it involves a cruise ship, bus accident, trucking accident, amusement park accident, or product liability claim, authorities and experts are quick to state that the event is a wake-up call that highlights longstanding safety concerns.

In Philadelphia, we continue to have an escalating hit and run car accident crisis due to the fact that there are several well-known loopholes in the laws and yet legislators refuse to take steps to change and enforce codes which should in reality punish violators.

The law firm of Reiff and Bily has handled many amusement park accident cases, and yet the enforcement of these safety regulations is spotty despite the volume of rules and amount of unreported amusement park and water park accidents. Many industries escape regulatory scrutiny and it comes as no shock that catastrophic accidents occur when safety protocols are not followed and enforced. Rules and regulations without enforcement are meaningless and if the rules and regulations provide a mechanism for enforcement, individuals or corporations in positions of power often think (as demonstrated by their action or non-action) that they are above these rules and think that they can escape liability by the use of a creative lawyer or legal system which fails to enforce said rules and regulations. If our system chooses to ignore rules and regulations, it fosters a system where it is easier for individuals and corporations to become and remain corrupt then to remain honest.

I have always believed that laws not enforced cease to be laws, and rights not defended may wither away. I believe that the courtroom with proper legal representation makes equals of all men and that an injured victim must ensure that laws are followed and enforced. While catastrophic injury and personal injury lawyers will continue to be bashed by corporations and insurance companies who continue to delay, deny, and defend rightful claims, I for one understand that enforcement of laws and prosecution of wrongdoers are necessary to protect the public and promote order which is the first requisite of liberty and justice.

As an experienced Philadelphia personal injury and Philadelphia car accident lawyer, I have literally dealt with thousands of chiropractic care cases involving injured clients. For the most part, although many people and defense attorneys consider chiropractors to be “quacks" or “light and magic shows", mostly I have found that chiropractic manipulation proffered by the properly trained and caring chiropractor can be most beneficial.

In fact, I regularly require chiropractic manipulations and have benefited more therefrom than traditional physical therapy. Unfortunately on the other side of the coin remains the fact that many chiropractor’s offices are nothing more than accident mills operated by businessman or chiropractor more interested in making money rather than offering proper patient care and manipulation.

The underlying basis for chiropractic is the belief is that all physical diseases are the result of misplaced spinal bones and that subluxations of spinal vertebrae cause disease by interfering with the flow of nerve energy from the brain to the body=s tissues. Accordingly, spinal adjustments by a properly trained chiropractor are technically supposed to restore vertebrae to their proper places and allow brain energy to heal the diseased condition. Obviously in order to properly treat a disease or condition, it is completely necessary to have an accurate medical diagnosis as to what constitutes treatment. Many chiropractors administer spinal manipulation without first accurately making a proper medical diagnosis utilizing confirming x-rays, CT scans, or MRI studies and many types of chiropractic medical malpractice claims evolve when a patient sustains an injury or aggravation by manipulation of the musculoskeletal system or the spine where the patient suffers from an illness, disease, or other injury that was not diagnosed. For example, if there is a herniated disc with potential impingement on the spinal nerves and the chiropractor fails to diagnose this condition and engages in aggressive treatment that worsens the condition instead of prescribing immediate medical intervention or diagnosis, that chiropractor may have caused more harm to the patient and may be guilty of chiropractic malpractice. Many times chiropractors don't fully explain the situation to the client or patient and the patient receives treatment or some part of treatment without the informed consent necessary to make an educated decision. Sometimes cervical manipulation or a neck adjustment technique can be more devastating than helpful and can lead to a stroke. A neck adjustment by a chiropractor can cause a dissection of vertebrae or the carotid artery resulting in stroke. The number of chiropractic malpractice and manipulations that report in strokes is vastly under reported in medical literature due to the fact that many patients suffer irreparable brain damage and cannot remember the chiropractic manipulation. All manipulations carry the risk of life threatening accidents and it is important that if you are receiving chiropractic care to do your homework and make sure that you are not treating in an accident mill just focused on volume rather than quality care.

If you have sustained an injury that you believe was caused by chiropractic negligence or malpractice, the experienced and skilled Philadelphia medical malpractice attorneys at Reiff and Bily are always available to offer a free, no obligation consultation and work with the finest medical and chiropractic experts throughout the nation. We always offer a no recovery, no fee guarantee. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

For over thirty years, I have worked closely with the medical community in my capacity as a lawyer investigating and litigating cases involving closed head traumas and mild to severe brain injuries, as well as intracranial hemorrhages. Many times individuals who do not possess proper medical insurance do not receive adequate or proper screening after an accident or violent impact to their head. Left untreated, a mild TBI or intracranial hemorrhage can have a considerable impact in the reduction of one’s quality of life and can many times lead to death if improperly diagnosed.

Studies and statistics have indicated that African-American and Hispanic children are less likely than Caucasian children to receive cranial CT scans in emergency departments following minor head trauma according to a study presented at the 2011 American Academy of Pediatrics national conference. Many physicians that I have discussed this situation with claim that those who sustain a minor head trauma “are probably at low risk anyway" for a clinically important brain injury. However, one’s socioeconomic status or lack of insurance or ignorance of the insurance and billing systems should not stand in the way of a proper diagnosis and the safe practice of medicine. Many times an impact to the head is the result of a car accident, product defect, or other type of negligence, and third party’s and third party insurance companies may be responsible for medical bills and resulting financial, emotional, and payment of medical bills. Simply stated, I have noted that many individuals contact our office with symptoms of traumatic brain injury and closed head trauma and have not received proper medical treatment because they were afraid that they would be responsible for paying the bills and did not have adequate personal medical insurance. In fact, many hospitals and physicians will not treat these people unless there is a letter of protection from a lawyer representing them or the lawyer’s office has done the ground work to secure funding for the diagnostic testing. What we do know is that individuals with a moderate or severe traumatic brain injury have a much lower health-related quality of life at times compared to others. It is important to immediately diagnose and effectively treat a brain injury.

Continue reading "Why Is It That Mild Traumatic Brain Injuries and Intracranial Hemorrhages Are Not So Readily Diagnosed. Is It A Patient Or Medical Issue?" »

How many times have you been driving down the highway and seen treads, shredded tires, or torn pieces of tires sitting on the side of the road on the shoulder. The sale of used tires and retreaded tires is booming. While a significant number of vehicle crashes are caused as a result of tire failures, and even though the purchaser believed they were getting safe tires based upon the visual conditions, many times the bargain leads to a catastrophic accident. Many times tires possess defects that cannot be easily detected visually. Oxidation or micro-cracks in tires can lead to a catastrophic tread or belt separation. However, unfortunately, the age of a tire does not prevent it from being sold at a cheap price on the used tire market or the retread market.

We recently successfully resolved a case where a tire experienced a belt separation causing the vehicle to lose control. The tire manufacturer claimed there was no defect on the tire. Most times, the tire installer or customer does not possess the ability to spot loose cords or belt separation in a tire, and unfortunately used tires are not subject to any federal standards. The road fitness of a tire is governed only under state tread depth laws.

Every year thousands of people will die and even more will be catastrophically injured due to the use of defective retread tires on vehicles. Environmentalists claim that retreading tires saves huge amounts of natural resources as opposed to replacing worn tires. However, safety should always take priority over profitability. Simply put, retread tires are second hand tires that have just been recoated with a tread veneer creating a potentially volatile situation.

Continue reading "A Tire Tread Separation Often Results In Lose Of Control Of A Vehicle With Tragic Consequences" »

If you watch television or listen to the radio, there will be many advertisements boasting of successful outcomes with the newest fad diet. Many of us have tried these diets and bounced from one to the other only to recognize that you should not believe everything you read or hear. The truth of the matter is that the selection of the proper diet for oneself, like the selection of a lawyer, requires careful research and discipline. As I watch TV, I see many ads from lawyers, many who are even out of state, promising to recover “tons of money" and fight hard. Yet many of these people have never personally handled a case or litigated a case and are mostly engaged in marketing opportunities where the case could possibly be referred to another law firm for a percentage of the fee (known as a referral fee) or given to younger and inexperienced lawyers in their firm.

Choosing a lawyer, unlike choosing a diet, may be one of the most important decisions that a catastrophically injured person or the family or an injured or wrongfully killed person may make in their lifetime. Many victims who are catastrophically injured will sustain immeasurable economic, financial difficulties and loss, costs of medical rehabilitation, as well as emotional loss. Obviously this is where the experience of your lawyer counts. You should be careful in your selection of a lawyer to represent your all important legal interests making sure that he or she is actually in your state, that he or she will actually participate in the investigation or prosecution of your case, and that he or she will be available to answer your questions or concerns 24/7. Don’t be afraid to ask the lawyer how many cases like yours he and his law firm have handled, and inquire into the attorney’s disciplinary history and whether or not he had ever been sanctioned or received discipline. It is also not a bad idea to check independent and valid rating systems. Is your lawyer a Super Lawyer? Has your lawyer been highly ranked by Avvo? Has your lawyer been ranked independently by Martindale Hubbell with the highest possible ratings? Do you feel comfortable with your lawyer and his staff? Is this lawyer someone I can trust? Can you relate, is this someone you feel has the heart, soul, and mental capacity to successfully prosecute your claim? What does your “gut" tell you. Can he or she be trusted? Ask for references. Has your lawyer achieved a preeminent rating or been selected as one of the top attorneys in the state? Unlike a diet which people will quickly give up on or change after not seeing the promised results. When you select a lawyer, it is not so easy to change. Do your homework and research in the beginning before engaging in one of the most important journeys of your lifetime.

As a Philadelphia car accident and catastrophic injury lawyer who has been representing catastrophically injured victims, and their families, for more then three decades, I worry that internet and television marketing by many lawyers has led to a high number of victims and their families receiving what many would consider to be improper and inadequate legal representation. Many lawyers just look for an “Easy A". Too many times attorneys hoping to earn a quick and easy referral fee will spend tens of thousands of dollars even hundreds of thousands of dollars a month designing websites or TV advertising that inaccurately portrays their abilities. It is the goal of these attorneys to make perspective clients believe they are hiring experienced attorneys, who have recovered multi-million dollar verdicts, and are amongst the top car accident lawyers, truck accident lawyers, S.U.V. van rollover lawyers, medical malpractice lawyers, and Products liability lawyers in the field.

Lately I have received an alarming number of phone calls from seriously injured car and truck accident victims who were mislead by what I call a “parasite lawyer". A “parasite lawyer" is a lawyer who oftentimes lacks experience but attempts to conceal this by purchasing “black hat" internet links and creating embellished website content to make prospective clients believe they are hiring an experienced lawyer or law firm to represent their legal interests when in reality they are hiring a lawyer who simply thereafter refers their case to another attorney for a fee. I call this the “Easy A" system whereby an inexperienced attorney, or an attorney who has no interest in representing you or your loved ones, tacks a fee onto your recovery for doing nothing more then referring your case to another attorney. Frequently many of these marketing attorneys operate their websites from out of state and have creative advertising joint and cooperative ventures with other lawyers and law firms creating the illusion that they are something more then they really are. Always pay attention to the disclaimers and small print at the bottom or end of the advertisement as it quickly passes you by.

If you or a loved one has been injured in a car accident, truck accident, tractor trailer accident, bus accident, boat accident, S.U.V roll over accident, 15 passenger van rollover accident, amusement park accidents, premise liability accident, slip and fall accident, burned in a fire, bitten or attacked by a dog, the victim of inadequate security, falsely imprisoned, sexually assaulted, injured on a cruise ship, injured on a plane, in a construction accident or injured as a result of a defective product or medical malpractice you may be eligible to recover for your injuries.

As an experienced and highly rated Pennsylvania Super Lawyer with decades of experience, whose law firm has handled and collected hundreds of millions of dollars in recoveries for catastrophically injured victims, and their families, as well as those who have sustained wrongful deaths, I strongly advise that you personally interview the attorney who will be handling your legal case. Do not be afraid to ask for references. Make sure that he or she is regularly available to meet and speak with you about your case as it develops. Make sure your case is not being handed over to a paralegal or newly graduated lawyer who might lack the required experience. Inquire whether or not the lawyer has ever had any disciplinary issues or is even licensed to practice law in your state. Inquire about independent and non biased reviews of your lawyer from third party ranking or rating organization. Check the attorney's ranking on Avvo or the Martindale-Hubble record of standing. Never be afraid to get a second opinion from another lawyer if you don't like what you are hearing or don't feel comfortable as the case develops.

After all you only get one bite at the apple, and the selection of your lawyer may be one of the most important lifetime decisions that you will ever make.
Chance will always favor the prepared mind.

When you purchase a child restraint car seats for your infant or small child, you trust that the child restraint car seat will protect them in the event of a car accident. Studies have revealed that a small child or infant in a car traveling at 30 miles per hour, can be hurtled forward with a force 30 to 60 times their body weight. The National Highway and Safety Administration (NHTSA) recommends that small children weighing less then 40 lbs be securely fastened into a child safety seat to maximize their safety should the car come to a sudden stop or is involved in a car accident. Since 2005 the National Highway Traffic Safety Administration (NHTSA) along with manufactures have recalled millions of defective child car seats designed to protect small children and infants traveling in cars. The child car seat and safety bench recalls included booster, convertible and infant seat models, as well as seat benches found to be improperly mounted in Mercedes-Benz and Freightliner Vehicles. A list of recently recalled seat benches and child car seats include but are not limited too;

- 2011 Sprinter 2500 Seat Benches

Seat benches were found to have inadequate latch brackets that were not properly welded.

- Dorel Infant, convertible and booster child restraints car seats

Child and infant car seats were were found to have a defective lock and release button that did not always return to the locked position.

- Chaperone Infant car seats

Chaperone Infant car seats were recalled due to findings that a number of harness chest clips came apart creating a potential choking hazard to infants.

While government standards set fourth the guidelines manufactures must follow in the production and design of child and infant car seats, oftentimes manufacture defects are not identified until a car accident or other tragic event catastrophically injures or claims the life of a small child or infant.

The experienced defective child car seat and product liability lawyers of Reiff & Bily have over 30 years experience representing generations of Pennsylvanians in product liability and defective child car seat cases. The lawyers of Reiff & Bily’s product liability litigation team have recently joined forces with the Beasley Firm to create the Beasley Reiff Law Group. Together our attorneys have been awarded over $2 billion dollars since 1958 representing the interests of catastrophically injured victims and their families. We always offer a free, no obligation consultation.  For more information contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.